ISLAMABAD: Protests by legislators in the upper house of parliament on Wednesday blocked the approval of a controversial law proposed by the government that grants near-blanket powers to top intelligence agencies, including to enter and search a person or place without a warrant.
The Official Secrets (Amendment) Bill, 2023 is being widely seen to be aimed at stifling criticism of military-backed spy chiefs and agents. The attempt to hastily pass the law by the government of Prime Minister Shehbaz Sharif, whose term expires this month, comes amid growing criticism of military and intelligence officers by former Prime Minister Imran Khan and his aides.
The bill is expected to pass the Senate this week and then go to President Arif Alvi to be signed into law. The law was quietly tabled in the lower house of parliament on Tuesday and approved despite protests from the opposition benches.
On Wednesday, Federal Law Minister Azam Nazir Tarar tabled the bill in Senate for approval, but lawmakers from across the treasury and opposition benches protested against it, after which Senate Chairman Sadiq Sanjrani referred the bill to the relevant standing committee of the house for discussion.
The Official Secrets (Amendment) Bill, 2023 proposes sweeping powers for two premier intelligence agencies, the Inter-Services Intelligence (ISI) and Intelligence Bureau (IB), making it legal for them to raid and detain any citizen and seize any document, sketch, plan, electronic or modern devices or anything which can be evidence of an offence committed.
“The intelligence agencies may, at any time, enter and search any person or place, without warrant, and if necessary, by use of force, and seize any document, sketch, plan, article, note,” the bill says.
The proposed legislation has also broadened the definition of “document” to include “any written, unwritten, electronic, digital, or any other tangible or intangible instrument” related to the military’s procurements and capabilities.
Likewise, the definition of “enemy” introduced in the proposed law states:
“Any person who is directly or indirectly, intentionally or unintentionally working for or engaged with a foreign power, foreign agent, non-state actor, organisation, entity, association or group guilty of a particular act… prejudicial to the safety and interest of Pakistan.”
Another amendment in the bill proposes a prison term of three years for disclosing the “identity of the members of the intelligence agencies or the informants or sources.”
It also terms a visit of a Pakistani citizen to the address of a foreign agent within or outside Pakistan as an offence.
The proposed law empowers the Federal Investigation Agency (FIA) and officials of intelligence agencies to investigate suspects for violation of the Official Secrets Act.
Advocate Taimur Malik warned the proposed legislation could be used to curtail civil liberties and constitutional rights.
“The legislation may be enacted with a good will to protect the national interests, but the chances of its misuse seem to be massive,” Malik told Arab News. “Such legislations are not passed in functional democracies.”
He said the legislation would have “serious implications” in the absence of checks and balances on the working of intelligence officials.
“If they are allowed to enter a premise or detain anybody without warrant, then at least they should have approval from the highest level to avoid any misuse of authority,” Malik added.
Advocate Abdul Moiz Jaferii said the proposed legislation on intelligence officials was an attempt to give legal cover to spy agencies operating with impunity.
“If the past of our agencies is anything to go by, then there are serious concerns of these powers being abused by the same agencies,” Jaferii told Arab News.
The Sharif government has tabled a number of controversial bills in parliament in the last week, raising alarm among legal experts and human rights activists over why bills related to civil liberties have been passed without requisite debate in parliament.
The recently-passed Army Act (Amendment) Bill proposes up to five years in jail for disclosing sensitive information and two years for ridiculing or scandalising the armed forces. It also bars military officials posted on sensitive duties from entering politics for five years after retirement.
Last month, amendments to the Elections Act granted additional powers to the caretaker government to take important decisions and engage with international institutions.
Last week parliament also passed a contempt of parliament bill proposing six months jail or one million rupees fine or both for those found guilty by a parliamentary committee of contempt of the parliament.
On Monday, the Senate dropped a controversial Prevention of Violent Extremism Bill after opposition by lawmakers. The bill had proposed a ten-year jail term with two million rupees in fines.
